Will Contests: Ways That a Will May Be Successfully Challenged
The Texas Probate lawyers at Underwood, Jones, & Scherrer can help you probate the Last Will & Testament of your loved one and help you to contest the validity of any bogus, invalid or fraudulent will offered by others. Contact the Texas Probate lawyers at Underwood, Jones, & Scherrer today at info@ujsmlaw.com to schedule a free initial consultation,
The alleged validity of a will can be contested for a variety of reasons, including:
The will has been superseded. If there is a document of later date which purports to distribute property, a prior will may be invalid and successfully challenged by a will contest.
The mental incapacity of the person making the will. If the party executing the will was mentally incapacitated (e.g., Alzheimer’s disease, Vascular Dementia, brain injury, etc.) at the time the will was put in place, the will can be rendered invalid by a successful will contest. The person may lack capacity because of mental illness or the effects of drugs or alcohol.
Duress, coercion or undue influence. If the person making the will was threatened or coerced (typically by a caregiver or family member) into distributing property a certain way, a will may be voided and set aside through a successful will contest.
Failure to follow state requirements for execution. If the will was not created and executed in strict accordance with state laws, including the number of signatures or the requirement of notarization, it can be held invalid through a successful will contest.
Forgery. If any signature or terms of a will can be shown to be forged, the will can be held invalid through a successful will contest. If a will is successfully contested, the court can hold that only certain parts of the will are void or that the will is void in its entirety. If void in its entirety, the court can rule that an earlier will remains valid or that the person died without leaving a valid will (intestate).